The Texas Department of Public Safety (the department) adopts amendments to §§4.11, 4.12, 4.16, 4.17, 4.19, and 4.21 concerning Regulations Governing Transportation Safety without changes to the proposed text as published in the December 25, 2009, issue of the Texas Register (34 TexReg 9373).

The first adopted amendment to §4.11 updates the rule to reflect January 1, 2010 in subsection (a). This amendment is necessary to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in this section, reflect all amendments and interpretations issued through that particular date for the subchapter. The second adopted amendment to §4.11 ensures the applicability of the drug and alcohol testing requirements of Title 49, Code of Federal Regulations, Part 382 to all drivers/motor carriers subject to the commercial driver's license requirements of Texas Transportation Code, Chapter 522, regardless of whether they meet all of the requirements of Part 383. This change is necessary because the 81st Texas Legislature enacted Texas Transportation Code, Chapter 522 as the standard for requiring commercial driver's licenses in this state and therefore did not adopt Title 49, Code of Federal Regulations, Part 383. The final adopted amendment to §4.11 is necessary to ensure that any person prohibited from performing safety-sensitive functions due to prohibited conduct, is prohibited from operating any vehicle regulated under this chapter.

The adopted amendment to §4.12 is necessary to clarify the non-applicability of the United States Department of Transportation number requirements of Texas Transportation Code, Chapter 643 for vehicles/motor carriers operating exclusively in intrastate commerce that are excluded from the requirements of Texas Transportation Code, Chapter 643.

The adopted amendment for §4.16 modifies the method used to calculate administrative penalties in certain cases. This amendment is necessary to provide that when a carrier fails to provide credible information regarding the size of its operations, or when a carrier has been penalized repeatedly for the same violation, the maximum penalties may be assessed against the motor carrier. The final adopted amendment to this section is required as a result of legislation passed by the 81st Texas Legislature that transferred the responsibility of the administration of Texas Transportation Code, Chapter 643 from the Texas Department of Transportation to the Texas Department of Motor Vehicles.

The adopted amendment for §4.17 is necessary to provide more flexibility in evaluating informal appeals "informally," by no longer requiring the designee of the director to be a "hearing officer."

The first adopted amendment for §4.19 is necessary to allow a more streamlined procedure for transmitting requests for action if the executive director designates another to accept such requests from the department. The final adopted amendment is to this section is required as a result of legislation passed by the 81st Texas Legislature that transferred the responsibility of the administration of Texas Transportation Code, Chapter 643 from the Texas Department of Transportation to the Texas Department of Motor Vehicles.

The adopted amendment for §4.21 is necessary to implement some of the regulations required by SB 481, relating to the regulation of certain contract carriers of railroad employees, passed by the 81st Legislature, effective September 1, 2009.

No comments were received regarding the adoption of these amendments.

The amendments are adopted pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations, by reference.